Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (RESOLUTION OF COMPLAINTS) REGULATIONS (AMENDMENT) 1994 NO. 374

STATUTORY RULES 1994 No. 374

ISSUED BY THE AUTHORITY OF THE TREASURER

Superannuation (Resolution of Complaints) Act 1993

Superannuation (Resolution of Complaints) Regulations (Amendment)

The Superannuation (Resolution of Complaints) Act 1993 (the Act) established, with effect from 1 July 1994, the Superannuation Complaints Tribunal. The Tribunal has the objectives of providing a fair, economical, informal and quick mechanism for:

•       the conciliation of complaints made by members of regulated superannuation funds and approved deposit funds; and

•       if conciliation is not successful at resolving the complaint - the review of the fund trustee decisions to which the complaint relates.

Section 68 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.

This regulation excludes (for a period of six months) matters which require the consideration of medical evidence from the matters which the Tribunal can deal with.

The regulation is described in detail in the attachment.

The regulation will commence on gazettal.

ATTACHMENT

Superannuation (Resolution of Complaints) Regulations (Amendment)

BACKGROUND

The Superannuation Complaints Tribunal cannot deal with a complaint to the extent that it relates to excluded subject matter.

On 11 March 1994 Regulation 4 of the Superannuation (Resolution of Complaints) Regulations was gazetted. That regulation prescribed matter which would require the Tribunal to consider medical evidence as excluded subject matter. As a result of the regulation the Tribunal could not deal with complaints to the extent they required consideration of medical evidence, though those parts of medical complaints involving issues of procedural fairness and the legal interpretation of the term 'disability' in a deed could still be dealt with.

Subsequently, on 29 August 1994, the Senate voted in favour of disallowing regulation 4. On Monday 17 October 1994 the Senate voted in favour of rescinding its earlier motion thus allowing, in accordance with the Acts Interpretation Act 1901, the regulation (which is similar in substance to the disallowed regulation 4) to be made.

The regulation is largely a copy of regulation 4 of the Superannuation (Resolution of Complaints) Regulations as gazetted on 11 March and disallowed on 29 August. However, it does differ from the original regulation in that it has an additional "sunset" clause which will cause the regulation to cease to have effect six months after gazettal.

The effect of the regulation, therefore, is that in the six month period following gazettal the Tribunal will not be required to deal with complaints to the extent they require consideration of medical evidence. After the end of that period the Tribunal will be required to fully deal with such complaints. During the six month period the Government will consult widely with relevant parties to establish how the Tribunal could most efficiently deal with complaints requiring consideration of medical evidence.

Regulation 1 - Amendment

Regulation 1 provides that the Superannuation (Resolution of Complaints) Regulations (the Principal Regulations) are amended as set out in these Regulations.

Regulation 2 - Excluded subject matter

Regulation 2 inserts a new Regulation 4 into the Principal Regulations.

Sub-regulation 4(1) provides, for the purposes of the definition of 'excluded subject matter' in section 3 of the Act, that excluded subject matter is matter in relation to which the Tribunal would in dealing with the matter, have to undertake the assessment or evaluation of medical evidence, reports or opinions, or consider, having regard to medical evidence, opinion or reports, the question of a person's incapacity. This exclusion also applies to situations where the Tribunal would be likely to have to perform a function mentioned above.

Sub-regulation 4(2) provides that Regulation 4 will cease to have effect 6 months after gazettal.

The regulation will commence on gazettal.